New Delhi: The Supreme Court, on Monday, deferred hearing on the Waqf (Amendment) Act, 2025 till May 15. The matter will now be heard by a bench headed by the new Chief Justice of India B R Gavai who is set to take oath on May 14.
Outgoing Chief Justice of India Sanjiv Khanna stated that he cannot reserve judgement in the case due to his upcoming retirement.
“We have not very deeply gone into the counter affidavit. Yes, you have raised certain points in regards to registration and have given some disputed figures that will require some consideration. There are certain aspects you have dealt with, but that requires clarification. I don’t have to reserve any judgment or order at interim stage. This matter will have to be heard on reasonably early date and this will not be before me,” said CJI Khanna.
After the Act was passed by Parliament, several petitions against it were filed before the Apex Court. The petitioners claimed that the Act is unconstitutional and prayed for the Court to declare it so. The petitioners included leaders of several political parties such as the Congress, Samajwadi Party, Trinamool Congress and the AIMUM. There were a few petitions in favour of the Act as well.
The Supreme Court had then directed the petitioners (those against the Act) to select five most relevant petitions out of the over 70 filed.
After hearing the matter, the bench headed by CJI Khanna had raised several questions regarding the new provisions. Primary among these was the issue of ‘Waqf by user’. Under the original Act, any land used by Muslims for religious purposes are considered to be Waqf property. The amended Act has imposed several restrictions on this, particularly on land owned by the government.
The SC also raised questions on a provision in the amended Act to appoint non-Muslims in the Waqf Council and Boards. The Court did not pass an interim stay though after the Centre assured that provisions of the amended Act will not be implemented till the matter is heard. The bench then granted time to the Centre to file a reply on the objections raised, in the form of an affidavit.
The matter was set for hearing today at 5). However, soon after the hearing started, CJI Khanna deferred the matter till May 15. Legal experts say that this was expected as hearing of the matter is likely to be prolonged and it would serve no purpose if CJI Khanna was to hear only part of the matter and then retire.
